Can a judge reverse a judgment of conviction of a defendant in a motion to overturn his conviction for assault?

California, United States of America


The following excerpt is from People v. Rubbock, B236478 (Cal. App. 2013):

On June 3, 2011, the trial court denied defendant's motion made pursuant to Pitchess v. Superior Court, supra, 11 Cal.3d 531. Defendant contends that the trial court erred in denying the motion, but he does not provide any argument or citation to the record in support of that contention. Instead, defendant contends that, despite his numerous unsuccessful requests of the trial court to provide in the record the reporter's transcript of the June 3, 2011, hearing at which the trial court denied defendant's motion, the record that the trial court provided is inadequate for us to determine whether the trial court erred in denying the motion. According to defendant, because the reporter's transcript of the hearing on the motion is "unavailable," we should reverse, "per se," his judgment of conviction.

Other Questions


In a motion for review of a conviction for assault and robbery, in what circumstances will the Court uphold the conviction of defendant as a result of insufficient evidence to support the judgment? (California, United States of America)
What is the test for reversal of a jury verdict in a motion where a defendant is found not guilty of assault but convicted of assault by reason of negligence? (California, United States of America)
What is the factual and procedural background to a motion of appeal against the conviction of defendant in the case of defendant's sexual assault conviction? (California, United States of America)
Can a defendant bring a motion for a reversal of his conviction for an assault conviction based on an error in admitting to the crime? (California, United States of America)
What is the basis for a motion to reverse the denial of defendant's motion to strike a prior serious or violent felony conviction under section 1385? (California, United States of America)
In what circumstances will a judge reverse a finding that the date of a defendant's criminal conviction was based on an allegation of sexual assault? (California, United States of America)
Can a defendant petition the court that entered a judgment of conviction to recall a conviction for a felony conviction that would have been a misdemeanor under section 1170.18 of the Penal Code? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
What is the effect of a motion of appeal against a conviction for assault against a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.